Understanding the statute of limitations is crucial when considering legal action. A common question is, “How long do I have to bring a claim?” It’s vital to be aware of deadlines, as missing them can prevent you from submitting your claim. In Ontario, the limitation period for filing an Accident Benefits and/or Tort Claim is typically two years. This period usually begins on the date the injury is discovered, which often coincides with the date of the accident or incident, such as a slip and fall.
However, there are cases where the injury is not immediately apparent, as seen in some medical malpractice cases. Here, complications or injuries may surface weeks or months after the procedure, altering the discovery date of the injury.
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Important Considerations for Personal Injury Claims in Ontario
Minors: The two-year limitation period does not apply to individuals under 18. For minors, the two-year period starts only when they reach the age of 18.
Slip and Fall Incidents: For accidents involving ice and snow, it is crucial to notify the property owner, responsible party, or cleaning company of your intention to file a claim within 60 days of the incident. This notice must include the date, time, and location of the incident. Failing to provide notice within this timeframe can bar you from bringing a claim. However, if you notify within 60 days, you still have two years from the injury’s discovery date to file a claim.
Critical Deadlines for Car Accident Claims
Several additional deadlines apply within the two-year limitation period for car accidents:
- Accident Notification: You must inform your insurance company of the accident within 7 days.
- Accident Benefits Application: This application must be submitted within 30 days of the accident.
- Notice to At-Fault Driver: A written notice must be provided to the at-fault driver within 120 days of the accident.
Legal Timeframes for Claims Against Municipalities
For injuries involving municipal governments, governed by the Municipal Act 2001, S.O. 2001, c. 25 section 44(10), a notice must be given to the municipality within ten days of the incident. This notice should detail the date, time, location, and nature of the injuries and any other relevant information.
The Importance of Adhering to Time Limits in Legal Cases
Time limits are established to maintain a fair and efficient legal system. They help preserve evidence and ensure that cases are resolved while information is still fresh and reliable. These limits also provide defendants with a degree of certainty, preventing the stress of potential lawsuits from incidents that occurred many years ago.
It’s crucial to consult a personal injury law firm to ensure you comply with these limitation periods and deadlines. At Mirian Law, we manage these critical timelines for you, ensuring your case is handled with care and precision. If you’ve suffered a loss, remember to call Ross. We’re here to support you through every step of the process.